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Terms and Conditions – Fleming Verandas UK Limited

1. General
• 1.1 – All orders are accepted subject to the following conditions which shall form part of and govern the contract of sale. Any variation of those conditions in any document of the buyer is inapplicable unless accepted in writing by Fleming Verandas.
• 1.2 – In these conditions Fleming Verandas means Fleming Verandas of the Creative Industry Centre, Mammoth Dr, Wolverhampton Science Park, WV10 9TG, telephone: 01902 212 331 e-mail: sales@flemingverandas.com and the buyer means the party to whom this document is addressed.
• 1.3 – These terms and conditions apply in preference to and supersede any terms and conditions referred to or offered by Fleming Verandas whether in negotiation or at any stage in the dealings between the parties with reference to the goods to which this contract relates. Without prejudice to the generality of the foregoing, Fleming Verandas will not be bound by any standard or printed terms furnished by the buyer in any of its documents, unless the buyer specifically states in writing separately from such terms that it intends such terms to apply and Fleming Verandas acknowledges such notification in writing.
• 1.4 – No variation may be made to the contract of sale except by agreement in writing between the parties and signed on their behalf.

2. Quotations
• 2.1 – The placing of an order following Fleming Verandas quotation shall not be binding of Fleming Verandas unless, and until accepted by Fleming Verandas and buyer. An order accepted by Fleming Verandas may only be cancelled or varied with Fleming Verandas consent: the giving of Fleming Verandas consent shall not in any way prejudice Fleming
Verandas right to recover from the buyer full compensation for any loss or expense arising from such cancellation or variation.
• 2.2 – Additions or alterations to orders, however made, shall not be binding on Fleming Verandas until they have been confirmed by Fleming Verandas in writing to: Fleming Verandas, Creative Industries Centre, Wolverhampton Science Park, Wolverhampton, WV10 9TG 01902 212 331 sales@flemingverandas.com
• 2.3 – Costs subject to change on site during installation upon unforeseen difficulties in installation requiring additional work or customisation. These costs are to be explained and passed to the customer on final invoice or within 21 days of installation.

3. Prices
• 3.1 – The prices quoted are inclusive of United Kingdom Value Added Tax unless otherwise specifically stated in the contract, quotation and/or invoice. Any variation to prices resulting from taxes or levies shall be for the buyer’s account.

4. Supply Only Delivery
• 4.1 – For Supply only purchases where goods are ordered by the buyer for delivery at their request:
o (i) If a period is stated for delivery and such period is not extended by agreement in writing the buyer shall take delivery within that period;
o (ii) If no period is stated for delivery, the buyer shall take delivery of goods as soon as they are ready;
o (iii) If the buyer does not take delivery within the period the buyer will reimburse Fleming Verandas storage and insurance costs. An invoice will be issued for the full amount of the goods on the last date on which delivery is due and shall be payable.
• 4.2 – In any other case:
o (i) Any time stated in respect of delivery is given in good faith but is by way of estimation only and is not binding on Fleming Verandas:
o (ii) Time for delivery, whether expressly stated or not, shall not be or be deemed to be of the essence of the contract of sale.
• 4.3 – Fleming Verandas will deliver the goods as near as possible to the delivery address as far as hard road permits. The buyer shall provide at their own expense the labour for unloading and stacking with utmost despatch. Damage caused to
the goods due to inadequate site access or careless unloading shall be at the buyer’s expense.
• 4.4 – Fleming Verandas shall not be liable for any loss or damage whether direct or indirect or consequential or in whatsoever way arising which is or might be occasioned to the buyer or to any purchaser from them or customer of their arising out of or in any way due to any delay or default in delivery of any goods under the contract however caused.

5. Returns
• 5.1 – Unless in accordance with clause 11, the buyer may not return the following goods: a) any bespoke products made to the buyer’s specification. b) Any products damaged by the buyer.
• 5.2 – Once the initial deposit payment has been received by the company, no refund shall be given if the buyer does not wish to proceed with the product or installation and in accordance with clause 20.

6. Consumer Sales Delivery
• 6.1 – Unless otherwise stated in the contract, and subject to the following provisions of this clause:
o (i) Goods will be consigned by the method of transport chosen by Fleming Verandas to the address specified by the buyer for consignment of the goods (“the delivery address”).
o (ii) Products may be delivered to the installation address prior to the agreed installation date (which can subject to change due to unforeseen circumstance) at which point liability is with the buyer to store materials safely and securely in their original packaging.
• 6.2 – Delivery of goods may take place in absence of buyer and in such the buyer is responsible for ensuring the goods are stored safely, ensuring a third party, over the age of 18 years old, is there to accept the delivery.
• 6.3 – Any damage sustained to the goods while they are in the care of the customer will be a void of warranty.
• 6.4 – Fleming Verandas shall be entitled to make partial deliveries of the goods unless otherwise agreed in writing.
• 6.5 – In the case of partial deliveries of goods, the buyer will not be entitled to treat the delivery of faulty goods in any one instalment, or the late delivery of any one instalment, as a repudiation of the whole contract.

7. Transfer of Risk
• 7.1 – The goods shall be at risk of the buyer as soon as they are delivered to the delivery address unless otherwise agreed and Fleming Verandas shall be under no obligation to give the buyer the notice specified in Section 32(3)
of the Sale of Goods Act 1979.

8. Acceptance of Goods
• 8.1 – The buyer will be deemed to have accepted the goods once the goods have been unloaded and delivered to the delivery address.
• 8.2 – Fleming Verandas shall have no liability for goods delivered in a damaged condition or lost in transit or for shortages in delivery unless:
o (i) In the case of damage or shortage of delivery, short details are endorsed on the carrier’s delivery note or receipt and notice in writing giving full particulars of the damage or shortage is received by Fleming Verandas and the carrier within 48 hours after receipt of the goods at the delivery address; and
o (ii) In the case of goods lost in transit, notice in writing of the non-delivery is received by Fleming Verandas and by the
carrier within seven days after the date of the delivery notice or invoice (as the case may be) is issued by Fleming Verandas.
• 8.3 – Subject to the buyer complying with Clauses 8.1 or 8.2 above (as the case may be) and subject to Clause 9 below, Fleming Verandas and/or their direct supplier(s) shall replace or make good any goods delivered in a damaged condition or lost in transit (or, in lieu thereof, at the option of a credit note if applicable), but Fleming Verandas shall have no liability whatsoever, for consequential loss in respect of goods rejected by the buyer or unattended deliveries where our delivery partners are not able to offset the product.

9. Specification
• 9.1 – Unless otherwise specifically stated in the contract all specifications and particulars of weights and dimensions stated in the contract and in the supplier’s sales literature are approximate only.
• 9.2 – Whilst every effort is made for these figures to be accurate, it must be understood that the specification of goods manufactured and supplied by Fleming Verandas is subject to normal trade tolerances.
• 9.3 – Fleming Verandas reserves the right to change the specification of any goods quoted in their sales literature at any time without notice.
• 9.4 – Whilst Fleming Verandas takes every precaution in the preparation of their literature, these documents are for the buyer’s general guidance only and the particulars contained therein shall not constitute representations by Fleming Verandas and Fleming Verandas shall not be bound thereby.
• 9.5 – In the event of a shortage of a particular component Fleming Verandas reserves the right to source alternative materials to a similar standard from an alternative supplier.
10. Design
• 10.1 – It is the buyer’s responsibility to ensure that all necessary approvals have been granted before manufacture commences.
• 10.2 – It is the buyer’s responsibility to satisfy them that the specifications are correct and that the goods are suitable and fit for the purpose prior to installation.
• 10.3 – Certain products are subject to CAD drawings which must be approved by the buyer prior to the commencement of manufacture. CAD is the final drawing and acceptance and or things not noted on this but later mentioned by the client will not be liable by Fleming Verandas.
• 10.4 – All of our products are manufactured to the highest industry and safety standards and as such general care and common sense should be applied when using, cleaning or enjoying your installation. Things including but not limited too, using excessive force, dangerous or none recommended cleaning chemicals or taking care moving within the space.

11. Quality
• 11.1 – Fleming Verandas warrants that on delivery the goods shall:
o (a) conform in all material respects with the specification; and
o (b) be free from material defects in design, material and workmanship.
• 11.2 – Fleming Verandas warrants its products in accordance with the warranties shown on its website and is product specific. Guarantees and warrantees are on the frame, fittings, polycarbonate, glass, fabric excluding damage caused by external forces.
• 11.3 – Fleming Verandas accepts no liability for any defect caused as a result of:
o (a) the buyer failing to follow Fleming Verandas’ oral or written instructions as to the storage, commissioning, installation, use and/or maintenance of the goods; or
o (b) fair wear and tear, weathering, willful damage, negligence or abnormal storage or working conditions.

12. Payment
• 12.1 – The following payment terms shall apply depending on the nature of the order:
o (i) Bespoke orders incur a non-refundable deposit of 50% of the total order value, payable at the date of the order.
o (ii) Supply only products require full payment at time of ordering.
• 12.2 – For credit accounts, except where otherwise specifically agreed, payment must be made to Fleming Verandas address stated on his invoice not later than the last day of the month following the date of their invoice.
• 12.3 – Where partial delivery is made, the buyer shall be obliged to pay for each instalment separately, if Fleming Verandas so requires, by invoicing them.
• 12.4 – If payment is not made on the due date Fleming Verandas shall be entitled to:
o (i) charge interest on the outstanding amount at the rate of 4% above Lloyds Bank Plc base rate, accruing daily;
o (ii) require payment in advance of delivery of undelivered goods;
o (iii) make delivery of any undelivered goods whether ordered under the contract or not and without incurring any liability whatever to the buyer for non-delivery or any delay in delivery;
o (iv) terminate the contract; and/or
o (v) enforce the terms of clauses 12.2 and 12.3.
• 12.5 – Unless otherwise agreed the buyer shall not be entitled to exercise any right of set-off
or counterclaim against monies owed to Fleming Verandas for goods invoiced and delivered.
• 12.6 – Final payment of due monies is required to be paid within 5 working days upon completion.

13. Ownership of Goods
• 13.1 – Subject to the following clauses, the goods shall remain Fleming Verandas property until payment in full of all monies due to Fleming Verandas under this contract and all other contracts between Fleming Verandas and buyer.
• 13.2 – The buyer shall be entitled to sell the goods in the ordinary course of business, provided that the proceeds of the sale shall be held in trust for Fleming Verandas by the buyer until payment of all sums due to Fleming Verandas by the buyer under this contract and all other contracts between Fleming Verandas and buyer.
• 13.3 – Should the buyer default in any payment when due Fleming Verandas will be entitled to repossess all the goods held by the buyer which are still Fleming Verandas property (without prejudice to any other right or remedy arising out of such default in payment) and for this purpose Fleming Verandas will be entitled to enter upon any land or buildings on
or in which the goods may be situated and to remove the same. All costs incurred by Fleming Verandas in repossessing the goods shall be borne by the buyer.
• 13.4 – Any goods so repossessed shall be sold and the proceeds of sale set off against the amounts due to Fleming Verandas by the buyer. Any balance remaining of the proceeds of sale shall be paid to the buyer. If the said proceeds of the sale are not sufficient the buyer shall remain liable to pay to Fleming Verandas the amount remaining due, together with any interest accruing thereon.

14. Intellectual Property
• 14.1 – The buyer shall indemnify Fleming Verandas against all damages, penalties, costs and expenses to which Fleming Verandas may be liable as a result of work done in accordance with the buyer’s specification which involves the infringement of any letters patent or registered design.

15. Aftercare
• 15.1 – Fleming Verandas provides a general aftercare guide post installation on all of it’s products. This outlines general aftercare advice and recommendations set forth from our supplier along with generic care instructions. These are not in any way contractually binding nor acceptance of any liability should these guidelines be or not be followed. Common
sense and general safety ruling should be followed in any instance and any concerns or queries should be raised to Fleming Verandas.

16. Notices
• 16.1 – Notices required to be given to Fleming Verandas must be sent to Fleming Verandas address by first class post. Notices required to be given to the buyer will be sent by first class post to the address specified by the buyer for consignment of the goods unless a different address is specified for this purpose by the buyer. Notices shall be deemed to have been delivered on the next business day after the day of posting. In proving service by first class post it shall only be necessary to prove that the notice was contained in an envelope which was duly addressed and posted in accordance with this clause.
• 16.2 – Notices of cancellation must follow our cancellation policy detailed within section 20 – Right to Cancel. As standard, we do not accept cancellations or provide refunds unless cancelled within a 24 hour timescale of your order being placed.
• 16.3 – Notices via digital communications are not preferred and instead written and/or verbal notices via telephone calls are the preferred method of communication. Emails are to be sent to sales@flemingverandas.com and telephone calls should be made to 01902 212 331.

17. Limitation of Liability
• 17.1 – Nothing in these terms and conditions shall limit or exclude Fleming Verandas liability for:
o (i) death or personal injury caused by its negligence, or the negligence of its employees, agents or subcontractors (as applicable);
o (ii) fraud or fraudulent misrepresentation;
o (iii) breach of the terms implied by section 12 of the Sale of Goods Act 1979; or
o (iv) defective products under the Consumer Protection Act 1987.
• 17.2 – Subject to clause 17.1:
o (i) Fleming Verandas shall under no circumstances be liable to the buyer whether in contract, tort (including negligence), breach of statutory duty, or otherwise for any loss of profit, or any indirect or consequential loss arising under or in connection with the contract; and
o (ii) Fleming Verandas accepts no liability to the buyer in respect of all other losses arising under or in connection with the contract, whether in contract, tort (including negligence), breach of statutory duty, or otherwise.

18. Force Majeure
• 18.1 – No liability will be accepted for any failure of, or delay in, performance which is due wholly or partially to restriction by Government or other competent authority, strikes, lockout, failure by suppliers to supply raw materials or to any cause whatsoever outside Fleming Verandas control.
• 18.2 – Any waiver by Fleming Verandas of its rights hereunder in respect of breach by the buyer shall not affect the rights of Fleming Verandas in the event of a subsequent breach by the buyer.

19. Law
• 19.1 – These conditions and the contract shall be subject to and consulted in accordance with English Law, and the buyer is deemed to submit to the exclusive jurisdiction of the High Court of Justice of England.

20. Right to Cancel
• 20.1 – If you wish to cancel your order, you must let us know as soon as possible, and within 24 hours. Deposits for bespoke orders are non-refundable. You must provide notice to us, in either writing or email to: Fleming Verandas, Creative Industries Centre, Wolverhampton Science Park, Wolverhampton, WV10 9TG sales@flemingverandas.com.
• 20.2 – An order accepted by Fleming Verandas may only be cancelled or varied with Fleming Verandas consent.
• 20.3 – If Fleming Verandas accepts a cancellation or change, we still have the right to pursue any loss or expense arising from such cancellation or variation.

21. Warranty
• 21.1 – Warranty on all new Fleming Verandas installations is product specific and details can be provided upon request. Our warranty is provided on the frame and structure only, and not inclusive on any groundwork’s, glass damages or defects/damages identified post installation.
• 21.2 – No warranty or guarantee is given on any repair work carried out by Fleming Verandas if the product was not originally purchased and installed by the company.
• 21.3 – Any damage caused to the installation by adverse weather conditions, including but not limited to rain, wind, lightning, extreme heat, cold, or snow, is not covered by guarantee or warranty and repair is at buyers cost.
• 21.4 – All our products come with a flat rate warranty of 5 years which excludes any damage caused to the product/installation caused by external forces, including but not limited to falling tiles, tree branches and intentional damage. Acts of god, such as excessive wind, excessive rainfall/snowfall or debris fall-through will also not be covered under this warranty.
21.5 – Any tampering, external works or changes and additions completed by third party companies or contractors will automatically void this warranty.

22. Health and Safety
• 22.1 – Every effort will be made by Fleming Verandas and their Contractors to ensure installation work area is free from as many risks as possible, however due to the nature of the products and installations, power tools, electrical, cutting and drilling equipment will be used. It is the buyers responsibility to remain clear of the installation area at all times to avoid
risk of injury.
• 22.2 – Should the installation team be required to vacate the site, the buyer should not enter the working area and does so at their own risk.
• 22.3 – Fleming Verandas accepts no responsibility for injury caused by buyer or other persons ignoring these instructions or those given by the installation team.
• 22.4 – Additionally, delivery of the item will occur prior to the installation date and at times, can be waiting on site for an extended period. The item and any accompanying parts are not the responsibility of Fleming Verandas and should the area where they are stored should remain clear in order to avoid accidents and/or injuries.

23. Installation
• 23.1 – Installation dates, once given, can be changed at anytime up until the agreed date due to unforeseen circumstances (including but not limited to weather, medical, traffic and transportation). We reserve the right to cancel and rearrange your installation date without any given notice, and any costs incurred for things such as loss of earnings are will not be covered by Fleming Verandas.
• 23.2 – Fleming Verandas sources third party contractors and installation teams of whom are all vetted and have the appropriate insurances and experiences relevant. This said, Fleming Verandas has no direct ownership or influence over their workloads, professionalism and/or dealing on site, and as such accepts no liability for failures in attendance, timings, consumer communication and other potential issues arising on site or pre-installation.

Disclaimer – By receiving these terms and conditions, viewing them digitally online, acceptance of the quotation and/or invoice, I (the buyer) hereby confirm that I have read and agree to be bound by all terms and conditions stated within. I (the buyer), agree that the company (Fleming Verandas) has provided adequate notice of all delivery dates, payment schedules and that they have abided by all conditions pertaining to them within this agreement.